BILL NUMBER: AB 2021	CHAPTERED  09/26/00

	CHAPTER   621
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   MARCH 23, 2000

INTRODUCED BY   Assembly Members Steinberg and Washington
   (Coauthors: Assembly Members Campbell, Havice, Longville, Machado,
and Mazzoni)
   (Coauthors: Senators Leslie, Ortiz, and Solis)

                        FEBRUARY 18, 2000

   An act to amend Section 272 of the Penal Code, relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2021, Steinberg.  Internet:  minors.
   (1) Existing law makes it a misdemeanor for a person to contribute
to the delinquency of a minor.
   This bill would make it an offense punishable as an infraction or
a misdemeanor for a person to knowingly contact or communicate with a
minor who is 12 years of age or younger, for the purpose of
persuading and luring, or transporting, or attempting to persuade and
lure, or transport, that minor away from a location known by the
minor's parent or custodian to be a place where the minor is located,
for any purpose, with the intent to avoid the consent of the minor's
parent or legal guardian and without the express consent of the
parent, legal guardian, or custodian.   Additionally, the bill would
exempt emergency situations, as defined, from its provisions.  The
bill would define the terms "contact" and "communication" to include
the use of the telephone or the Internet, as defined.  By defining
new crimes, this bill would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 272 of the Penal Code is amended to read:
   272.  (a) (1) Every person who commits any act or omits the
performance of any duty, which act or omission causes or tends to
cause or encourage any person under the age of 18 years to come
within the provisions of Section 300, 601, or 602 of the Welfare and
Institutions Code or which act or omission contributes thereto, or
any person who, by any act or omission, or by threats, commands, or
persuasion, induces or endeavors to induce any person under the age
of 18 years or any ward or dependent child of the juvenile court to
fail or refuse to conform to a lawful order of the juvenile court, or
to do or to perform any act or to follow any course of conduct or to
so live as would cause or manifestly tend to cause any such person
to become or to remain a person within the provisions of Section 300,
601, or 602 of the Welfare and Institutions Code, is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not exceeding two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than one year, or by
both such fine and imprisonment in a county jail, or may be released
on probation for a period not exceeding five years.
   (2) For purposes of this subdivision, a parent or legal guardian
to any person under the age of 18 years shall have the duty to
exercise reasonable care, supervision, protection, and control over
their minor child.
   (b) (1) An adult stranger who is 21 years of age or older, who
knowingly contacts or communicates with a minor who is 12 years of
age or younger, who knew or reasonably should have known that the
minor is 12 years of age or younger, for the purpose of persuading
and luring, or transporting, or attempting to persuade and lure, or
transport, that minor away from the minor's home or from any location
known by the minor's parent, legal guardian, or custodian, to be a
place where the minor is located, for any purpose, without the
express consent of the minor's parent or legal guardian, and with the
intent to avoid the consent of  the minor's parent or legal
guardian, is guilty of an infraction or a misdemeanor.
   (2) This subdivision shall not apply in an emergency situation.
   (3) As used in this subdivision, the following terms are defined
to mean:
   (A) "Emergency situation" means a situation where the minor is
threatened with imminent bodily harm, emotional harm, or
psychological harm.
   (B) "Contact" or "communication" includes, but is not limited to,
the use of a telephone or the Internet, as defined in Section 17538
of the Business and Professions Code.
   (C) "Stranger" means a person of casual acquaintance with whom no
substantial relationship exists, or an individual with whom a
relationship has been established or promoted for the primary purpose
of victimization, as defined in subdivision (e) of Section 6600 of
the Welfare and Institutions Code.
   (D) "Express consent" means oral or written permission that is
positive, direct, and unequivocal, requiring no inference or
implication to supply its meaning.
   (5) This section shall not be interpreted to criminalize acts of
persons contacting minors within the scope and course of their
employment, or status as a volunteer of a recognized civic or
charitable organization.
   (6) This section is intended to protect minors and to help parents
and legal guardians exercise reasonable care, supervision,
protection, and control over minor children.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
